Atchison Topeka, et al v. Brown & Bryant Inc, et al

Filing 1517

ORDER After Status Conference signed by Judge Oliver W. Wanger on 10/28/2009. (Esteves, C)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// 1 THE ATCHISON, TOPEKA & SANTA FE ) RAILWAY COMPANY, et al, ) ) Plaintiffs, ) ) v. ) ) BROWN & BRYWNT, INC., et al., ) ) Defendants. ) ) ________________________________ ) ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) THE ATCHISON, TOPEKA & SANTA FE ) RAILWAY COMPANY, et al. ) ) Defendants. ) ) ) CONSOLIDATED 1:92-cv-5068 1:96-cv-6226 1:96-cv-6228 ARVIN CASES OWW OWW OWW UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ORDER AFTER STATUS CONFERENCE

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DEPARTMENT OF TOXIC SUBSTANCES CONTROL,

) ) ) Plaintiff, ) ) v. ) ) THE ATCHISON, TOPEKA & SANTA FE ) RAILWAY COMPANY, et al. ) ) Defendants. ) ) _________________________________) ) AND RELATED CROSS-CLAIMS AND ) THIRD PARTY ACTIONS. ) _________________________________)

I.

Date of Scheduling Conference. October 28, 2009.

II.

Appearances Of Counsel. James R. MacAyeal, Esq., appeared on behalf of Plaintiff,

United States of America, and specially appearing Department of Toxic Substances Control. Lewis Brisbois Bisgaard & Smith LLP by Michael K. Johnson, Esq., appeared on behalf of the Defendant Shell Oil Company. Marc A. Zeppetello, Esq., appeared on behalf of the Plaintiff The Atchison Topeka & Santa Fe Railway Company. III. Status of Remaining Issues In Case. 1. The parties acknowledge that Judgment has been entered The matter of the Cost Bill

for Shell Oil Company in this case.

of Shell Oil Company is pending before the Court. 2. The remaining parties have been negotiating regarding

the subject of the costs by the United States and DTSC as prevailing parties for remediation expenses as have been incurred following the trial of this action. 2

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3.

All parties agree that following resolution of the

Shell Oil Cost Bill, it is anticipated by the parties that the judgment in this case shall be final and the case will be closed.

IT IS SO ORDERED. Dated: October 28, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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